Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsVeterans with disabilities are frequently exploited by attorneys who use their benefits as a source of cash. You need an attorney that is certified to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier collision has won a major victory. But it comes with a price.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans over the last three decades.
Monk, an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home work, education and employment. He is requesting that the VA compensate him for the benefits they have denied him, and to alter their policies regarding race, discharge status, and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination against PTSD
According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have repeatedly denied claims filed by Black Veterans in a disproportionate manner.
Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of troops and equipment to battle zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD, and received an unhonorable military discharge in 1971. This "bad paper" prevented him from getting home loans, tuition assistance and other benefits.
He sued the military in order to rescind his discharge and was awarded full benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered severe emotional damage from having to relive some of his most painful memories through each application and re-application for benefits, the suit claims.
The lawsuit seeks damages in the form of money, and wants the court's order for the VA to review its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against survivors of sexual assault.
Alimony Discrimination
Anyone who was in uniform or were a part of them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for child support and alimony. It's not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payment from claims brought by creditors and family members including child support and alimony.
Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals for his service, but was later acquitted of a less honorable discharge when he got into two fights that were caused by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long and arduous road.
He was denied benefits at a higher rate than his white counterparts. This discrimination against Blacks was systematic and pervasive, according to the lawsuit filed on behalf of him by the National
veterans disability attorneys Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans like him.
Appeals
The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees an assessment made by the agency. It is important to appeal a decision as fast as you can. A lawyer who is experienced in appeals for disabled veterans can help ensure that your appeal complies with all requirements and it is heard in a fair manner.
A qualified lawyer can review the evidence that was used to support your claim and submit additional evidence and documentation should it be required. A lawyer who understands the VA's issues can be more sympathetic to your situation. This could be a valuable benefit in your appeals process.
A veteran's claim for disability is usually rejected because the agency didn't accurately describe their condition. A skilled attorney can make sure that your condition is properly categorized and rated, allowing you to get the benefits you need. A qualified lawyer will be able to work with medical experts to provide additional proof of your health condition. A medical expert could, for instance, be able show that the pain you are experiencing is due to the injury you sustained while working and is in a way limiting. They might also be able to help you obtain the medical records that are needed to support your claim.